March 18, 2014
Westlaw Topical Highlights for Intellectual Property provides summaries of significant federal court decisions and legislative and administrative activities affecting Intellectual Property law. A Westlaw subscription is required to access the documents linked from this page.
Computers and Electronics: Patent claims were not infringed by products with video playlist functionality for which playlist was previously created. Robocast, Inc., v. Microsoft Corporation, 2014 WL 688644 (D.Del.) The claims of a patent related to methods of automating the presentation of computer content that required the step of “automatically creating and storing a show structure of nodes…in response to said search results received in response to said online search” required a show structure to be created after a search had returned search results. The claims thus were not infringed by products with a video playlist functionality for which the video playlist was previously created, such that the show structure was not created in response to the search results. 2014 WL 688644. (The full-text of the rest of the Topical Highlights is available within Westlaw Next, subscription required).
Abandonment: Buyer did not abandon acquired company’s trademark. Wells Fargo & Co. v. ABD Ins. & Financial Services, Inc. 2014 WL 931267 (C.A.9 (Cal.))
Reexamination: PTO’s decision to waive requirement that certificate of service be sent by first class mail was not reviewable under APA. Target Training Intern., Ltd. v. Lee 2014 WL 842893 (N.D.Iowa)
Attorney Fees: Alleged infringers were not entitled to attorney fees on appeal and on remand. Therasense, Inc. v. Becton, Dickinson and Co. 2014 WL 943184 (C.A.Fed. (Cal.))
Computers and Electronics: Patent claim reciting “configuration engine of a computer system” contained no meaningful limitations to abstract idea, rendering it invalid. Clear with Computers, LLC v. Dick’s Sporting Goods, Inc. 2014 WL 923280 (E.D.Tex.)